S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3450
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  CUSICK, SIMOTAS, WEPRIN, JAFFEE,
   L. ROSENTHAL, STIRPE, JOHNS -- Multi-Sponsored by -- M. of A.  ABINAN-
   TI,  GOTTFRIED,  LUPARDO -- read once and referred to the Committee on
   Election Law
 
 AN ACT to amend the election law, in relation to imposing limitations on
   political contributions made by text message

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1-104  of  the election law is amended by adding
 three new subdivisions 38, 39 and 40 to read as follows:
   38. THE  TERM  "MOBILE  TELEPHONE"  SHALL  MEAN  THE  DEVICE  USED  BY
 SUBSCRIBERS AND OTHER USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH
 SERVICE.
   39.  THE TERM "TEXT MESSAGE" MEANS AN ELECTRONIC COMMUNICATION VIA THE
 SHORT MESSAGE SERVICE (SMS) THAT MAY ONLY BE SENT AND RECEIVED THROUGH A
 MOBILE TELEPHONE.
   40. THE TERM "CONNECTION AGGREGATOR" MEANS A THIRD PARTY  INTERMEDIARY
 BETWEEN  THE WIRELESS PROVIDER AND THE POLITICAL COMMITTEE THAT RECEIVES
 AND PROCESSES TEXT MESSAGES BY COMMON SHORT CODES (CSCS).
   § 2. The election law is amended by adding a  new  section  14-134  to
 read as follows:
   §  14-134.  POLITICAL CONTRIBUTIONS THROUGH TEXT MESSAGE. 1. THE STATE
 BOARD SHALL DEVELOP RULES AND REGULATIONS REGARDING  POLITICAL  CONTRIB-
 UTIONS  MADE TO CAMPAIGNS THROUGH TEXT MESSAGE BY DECEMBER THIRTY-FIRST,
 TWO THOUSAND NINETEEN.    THE  RULES  REGARDING  CONTRIBUTIONS  RECEIVED
 THROUGH  TEXT  MESSAGE  MUST INCLUDE PROVISIONS THAT AFTER A CONTRIBUTOR
 HAS SENT IN A CONTRIBUTION THROUGH TEXT MESSAGE, THE CONNECTION AGGREGA-
 TOR IS REQUIRED TO SEND AN OPT-IN DISCLOSURE NOTICE TO  THE  CONTRIBUTOR
 THAT MUST BE AFFIRMATIVELY RESPONDED TO BY THE CONTRIBUTOR WITH THE TEXT
 "YES" TO COMPLETE THE TRANSACTION. THE OPT-IN DISCLOSURE NOTICE MUST ASK
 THE CONTRIBUTOR TO AFFIRMATIVELY AGREE WITH THE FOLLOWING STATEMENTS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01585-01-9

 A. 3450                             2
 
   A.  I AM A UNITED STATES CITIZEN OR LAWFULLY PERMANENT RESIDENT OF THE
 UNITED STATES;
   B.  THIS  CONTRIBUTION IS MADE FROM MYSELF AS AN INDIVIDUAL AND IS NOT
 MADE FROM FUNDS FROM A CORPORATION, LABOR ORGANIZATION, BANK,  POLITICAL
 ACTION  COMMITTEE  OR  AN INDIVIDUAL REGISTERED AS A FEDERAL OR NEW YORK
 STATE LOBBYIST.
   2. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO CONTRIBUTIONS TO
 CANDIDATES, AUTHORIZED  POLITICAL  COMMITTEES,  CONSTITUTED  COMMITTEES,
 PARTY  COMMITTEES, ALL PARTY AND CONSTITUTED HOUSEKEEPING COMMITTEES AND
 POLITICAL ACTION COMMITTEES THAT ARE SENT FROM A  MOBILE  TELEPHONE  VIA
 TEXT  MESSAGE.  ALL CONTRIBUTIONS RECEIVED THROUGH TEXT MESSAGE SHALL BE
 EXEMPT FROM RECORD KEEPING AND DISCLOSURE FILING  REQUIREMENTS  PURSUANT
 TO SECTION 14-104 OF THIS ARTICLE.
   3.  A  POLITICAL  COMMITTEE  MAY  ENTER  INTO  AN  AGREEMENT  WITH THE
 CONNECTION AGGREGATOR ON TERMS THAT ARE  CONSISTENT  WITH  THE  ORDINARY
 COURSE OF BUSINESS.
   4.  A  POLITICAL COMMITTEE MUST RECEIVE ALL TEXT MESSAGE CONTRIBUTIONS
 THROUGH A SINGLE COMMON SHORT CODE (CSC) PER CAMPAIGN CYCLE.
   § 3. Section 14-114 of the election law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ANY CONTRIB-
 UTION THAT IS MADE BY MOBILE TELEPHONE VIA TEXT MESSAGE SHALL NOT EXCEED
 TEN DOLLARS.  AN INDIVIDUAL MAY NOT MAKE MORE  THAN  NINE  CONTRIBUTIONS
 THROUGH TEXT MESSAGE TO A GIVEN POLITICAL COMMITTEE IN A CAMPAIGN CYCLE.
   § 4. This act shall take effect immediately.